Senator Ted Cruz Raises Concerns Over DOJ Prosecution of Dr. Eithan Haim for HIPAA Violations

Senator Ted Cruz Raises Concerns Over DOJ Prosecution of Whistleblower Doctor

Senator Ted Cruz (R., Texas) has raised concerns over the Department of Justice’s prosecution of Dr. Eithan Haim, a Texas surgeon who leaked medical records exposing Texas Children’s Hospital’s transgender clinic last year. Haim was recently charged with four felony counts of violating HIPAA.

Cruz sent a letter to U.S. attorney Alamdar Hamdani, questioning the selective prosecution of Haim and suggesting that the federal government is weaponizing the legal system against the whistleblower. The DOJ unsealed the indictment on June 17, as Haim attended his initial court appearance.

The case stems from documents obtained by Haim, which revealed Texas Children’s Hospital conducting transgender procedures on minors, despite previous claims that they would stop providing such treatments. This led to an investigation by the Texas Department of Family and Protective Services and eventually a new law prohibiting surgical procedures and prescription treatments for transgender youth.

While federal prosecutors allege that the leaked medical records were unredacted, Haim and conservative journalist Christopher Rufo confirmed that sensitive patient information was redacted to protect minors’ identities. HIPAA allows for sharing protected health information in cases of serious and imminent threats to health or safety.

Cruz expressed concerns about the DOJ’s handling of the case, citing examples of political prosecutions under the Biden administration. He requested information on all felony HIPAA cases indicted by the U.S. attorney’s office for the Southern District of Texas in the past two years and asked for clarification on the lead prosecutor’s communications.

Representative Dan Crenshaw (R., Texas) also joined Cruz in probing the DOJ for information related to the case. Crenshaw sent a letter to Attorney General Merrick Garland and Health and Human Services Secretary Xavier Becerra, seeking all documents and communications regarding the prosecution of Dr. Haim.

The case has sparked debate over the prosecution of whistleblowers and the protection of patient privacy rights. If convicted, Haim faces up to ten years in federal prison and a $250,000 fine. The DOJ has until July 11 to respond to the congressional inquiries raised by Cruz and Crenshaw.